- 11 U.S.C.
Whaley v. Tennyson (In re Tennyson)
Jul
16
2010
Ruling
Confirmation of above median debtor's plan reversed for insufficient duration and failure to pay unsecured creditors in full.
Procedural posture
A chapter 13 debtor proposed a 3-year plan without providing for full repayment of his unsecured creditors. Plaintiff trustee objected, arguing 11 U.S.C.S. § 1325(b)(4) required above median income debtors to remain in bankruptcy for at least 5 years, unless unsecured claims were paid in full. The bankruptcy court confirmed the 3-year plan and the District Court for the Northern District of Georgia affirmed. The trustee appealed.
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Court
:
Judge or Jurisdiction information not available